A French organic winemaker has reportedly appeared in court to answer to charges that he defied an official order to spray his vineyard with a pesticide to prevent the spread of a leafhopper insect believed to be responsible for a devastating bacterial disease that has affected vines in Burgundy’s Côte-d’Or region, where Emmanuel Giboulot produces Côte de Beaune and Hautes-Côtes de Nuits organic wines. He claims that the pesticide does not work and is harmful to pollinating insects such as bees. He also apparently insists that more natural means can be used to fight the disease. According to a news source, Giboulot faces a six-month prison sentence and €30,000 (US$41,000) fine for failing to apply the insecticide treatment to his vineyard in July 2013. An online petition about his case has reportedly been signed by more than 40,000 supporters, and a large crowd gathered outside the Dijon court on March…
Tag Archives organic
Addressing a question of first impression, a California appeals court has dismissed a putative class action alleging that Herb Thyme Farms mislabeled its certified organically grown herbs as “USDA Organic” because the contents included a mix of organically and conventionally grown herbs. Quesada v. Herb Thyme Farms, Inc., No. B239602 (Cal. Ct. App., 2d Dist., Div. 3, decided December 23, 2013). According to the court, on appeal, the plaintiff changed her theory of liability from alleged violations of state consumer protection laws to violation of the California Organic Products Act of 2003, a federally approved state organic program. She cited Farm Raised Salmon Cases, 42 Cal. 4th 1077 (2008), to counter the trial court’s conclusion that her claims were preempted under federal law. Distinguishing Farm Raised Salmon Cases, the court was guided instead by Aurora Dairy Corp. Organic Milk Marketing & Sales Practices Litigation v. Aurora Organic Dairy, 621 F.3d 781…
A recent study has reportedly revealed that organic milk contains a healthier balance of omega-6 and omega-3 fatty acids compared with milk from cows raised on conventionally managed dairy farms. Benbrook, et al., “Organic Production Enhances Milk Nutritional Quality by Shifting Fatty Acid Composition: A United States–Wide, 18-Month Study,” PLOS One, December 9, 2013. The finding, writes New York Times writer Kenneth Chang, is the “most clear-cut instance of an organic food’s offering a nutritional advantage over its conventional counterpart,” as “studies looking at organic fruits and vegetables have been less conclusive.” According to the researchers, who note that the ratio of omega-6 to omega-3 fatty acids in the U.S. diet have risen to “nutritionally undesirable levels,” the healthier fatty acid profile of organic milk is likely a result of cows foraging on grass. By comparison, cows fed a corn-based diet apparently produce milk that contains higher levels of omega-6 fatty acids, which…
Citing the settlement of similar class claims in a Florida court and plausibility issues, a federal court in California has dismissed with prejudice a putative class action alleging that companies misbrand products with an evaporated cane juice (ECJ) designation and sell products not meeting the standard of identity for yogurt and milk, including soymilk and almond milk. Ang v. WhiteWave Foods Co., No. 13-1953 (N.D. Cal., decided December 10, 2013). According to the court, the California plaintiffs, who filed their complaint after the class action was filed in Florida, were members of the class, knew about that settlement and had an opportunity to, but did not, object to it. Thus, the court found their ECJ and yogurt claims barred by res judicata. As for claims that consumers are confused by use of the terms “soymilk,” “almond milk,” and “coconut milk” in the names of Silk® products, an alleged violation of…
Texas and California residents have filed a putative class action against Whole Foods Market Services, Inc. in a Texas federal court, alleging that the company’s private label lines include falsely labeled additive-laden and genetically modified (GM) foods, despite promises that its products contain “nothing artificial” and that it enforces “strict quality standards.” Gedalia v. Whole Foods Mkt. Servs., Inc., No. 13-3517 (S.D. Tex., filed November 28, 2013). Among purported transgressions are (i) organic infant formula containing 25 ingredients “prohibited from being in organic foods” as well as 30 artificial ingredients, and (ii) organic soy and almond milk containing “ingredients not permitted in organic foods.” The complaint also alleges that the company reneges on its promise to avoid ingredients grown from genetically engineered seed and relies on a Cornucopia Institute study purportedly showing that Whole Foods’ 365 Everyday Value® products “were contaminated with high levels of genetically engineered ingredients,” citing, in particular,…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a final rule addressing the recommendations submitted by the National Organic Standards Board (NOSB) as part of the 2013 sunset review of substances on USDA’s National List of Allowed and Prohibited Substances (the National List), which governs the use of synthetic and non-synthetic substances in organic crop and livestock production and handling. In addition to renewing for five years multiple exemptions (uses) and one prohibition on the National List in accordance with NOSB’s recommendations, AMS has removed an exemption for the synthetic form of tartaric acid made from malic acid, thus prohibiting its use in organic handling. Effective November 3, 2013, the final rule also includes the agency’s response to comments on the renewals of two synthetic substances—EPA List 3 Inerts and cellulose—and one non-synthetic substance—carrageenan—that are currently permitted in organic crop production, handling and processing. In particular,…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has announced an October 22-24, 2013, public meeting of the National Organic Standards Board (NOSB) in Louisville, Kentucky. The meeting will address “several petitions pertaining to changes to the National List of Allowed and Prohibited Substances, including several substances for use in aquaculture, streptomycin for use to control fire blight in pears and apples, and glycerin,” in addition to featuring updates from the NOSB subcommittees on Compliance, Accreditation, and Certification; Crops; Handling; Livestock; Materials; Policy Development; and Genetically Modified Organisms (GMO). In particular, the GMO Ad-Hoc Subcommittee will discuss how to ensure and enforce the genetic purity of seed used in organic crop production. NOSB will accept written public comments on the meeting agenda and registrations for oral public comments by October 1, 2013. See Federal Register and NOSB Press Release, September 5, 2013.
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued a proposed rule that would amend the National List of Allowed and Prohibited Substances to permit the use of biodegradable biobased mulch film in organic crop production and the use of Citrus hystrix and curry leaves in organic processing. NOP has also proposed removing two nonorganic agricultural products from the National List—hops (Humulus lupulus) and unmodified rich starch—“as their use exemptions expired on January 1, 2013, and June 21, 2009, respectively.” According to NOP, biodegradable biobased mulch film is a synthetic substance “used as an alternative to petroleum-based plastic mulches that do not biodegrade,” while the leaves and fruit of Citrus hystrix are traditional ingredients in Lao, Thai and other Southeast Asian cuisines, and curry or sweet neem leaves are an important ingredient in Indian, Sri Lankan, Malay, and other Southeast Asian cuisines. The agency will accept comments on…
The U.S. Department of Agriculture’s (USDA’s) Office of Inspector General (OIG) has released a July 2013 audit report examining how the Agricultural Marketing Service’s (AMS’s) National Organic Program (NOP) established the “access to pasture” rule for organic dairy cattle. Although OIG generally found that the new rules for organic milk production were “successfully implemented,” it nevertheless recommended that AMS clarify guidance for certifying agents “to ensure that all dairy producers are being treated consistently.” To this end, the audit noted that NOP (i) “had not clearly defined how producers should demarcate herds of organic milk-producing cattle, which meant that some certifying agents allowed producers to add cattle to organic herds,” and (ii) “needs to include organic feed brokers within the NOP-certification process to ensure that organic feed is not commingled or contaminated.” OIG also reported that certifying agents failed to take consistent enforcement actions “when their inspectors or reviewers identified…
The Federal Circuit Court of Appeals has affirmed a district court’s dismissal of the declaratory judgment action brought by a number of organizations representing the interests of organic farmers. Organic Seed Growers & Trade Ass’n v. Monsanto Co., No. 2012-1298 (Fed. Cir., decided June 10, 2013). The farmers sought a declaration of non-infringement and invalidity with respect to 23 patents on various crops, including soybeans and corn. Details about the lower court’s ruling appear in Issue 429 of this Update. According to the Federal Circuit, “Monsanto has made binding assurances that it will not ‘take legal action against growers whose crops might inadvertently contain traces of Monsanto biotech genes (because, for example, some transgenic seed or pollen blew onto the grower’s land), and [the organic farmers] have not alleged any circumstances placing them beyond the scope of those assurances.” The court agreed with the district court that there was no…
